Wednesday, December 17, 2008

Opposition MP Teresa Kok takes local publication to court for alleged defamatory material

Teresa Kok files suit against Utusan, columnist (updated)
By M. MAGESWARI
KUALA LUMPUR: Seputeh Member of Parliament (MP) Teresa Kok has filed an RM30mil defamation suit against Utusan Melayu Sdn Bhd, which publishes Malay daily Utusan Malaysia, and its columnist Datuk Chamil Wariya.
Her lawyer Sankara Nair filed the suit for Kok at the KL High Court civil registry here at 8.32am on Friday.
On Oct 12, Utusan published a cerpen or short story written by Chamil, the Malaysian Press Institute chief executive officer, titled Politik Baru YB Josephine, which Sankara claimed referred either directly or by innuendo to his client.
Kok said she decided to take legal action against the defendants as the article made baseless allegations.
She said the impugned article contained defamatory content about her either in direct reference or by implication or by imputation. Kok contended that the said article implied she is a racist, untrustworthy person and a bad politician. Besides that, she claimed that the article portrayed her as a danger to the society who should be assassinated. Kok further contended that the defendants published the article with the intention to disparage her in both her private and official capacities.
The Selangor state senior excutive council member alleged the defendants' acts were actuated by express malice and done in bad faith as well as to instigate public hatred against her. She said it lowered her esteem in the eyes of the public and exposed her to public scandal, ridicule, odium and contempt.
Among others, she is seeking compensatory damages of RM30mil from the defendants. She is also asking for High Court to grant her an injunction to restrain the defendants -- whether by themselves or through agents and/ or servants -- from further uttering, speaking or publishing the impugned article or similar words concerning her. Kok is also asking for costs and other relief deemed fit by the court.
In late October, she had sent letters of demand to the defendants which also demanded a public retraction by Utusan and an apology to be published in newspapers of her choice.

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